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359 Results

Location: Calaveras x
2024.07.12 Motion to Compel Further Responses to Discovery 549
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.07.12
Excerpt: ...motions in tandem. For the reasons set forth below, Plaintiff's motions are granted. I. Factual and Procedural Background A. Background Facts Plaintiff owns APN parcels 048 -025 -034 and 050 -002 -120, commonly and collectively referred to as Cain Ranch (and hereinafter referred to as “the Ranch"). The Ranch was previously burdened by a 16.5 foot prescriptive easement belonging to Linkletter Properties for ingress and egress to adjacent pro...
2024.07.12 Motion for Terminating Sanctions 236
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.07.12
Excerpt: ...swers to Plaintiff's w ritten discovery by April 21, 2024. Plaintiff's served the Notice of Entry on March 26, 2024. (Declaration of Brian Chavez -Ochoa (“Chavez -Ochoa Decl.”) ¶ 2). As of the filing of the motion, Defendant has failed to provide any responses. (Id. ¶ 3.) A motio n for terminating sanctions is governed by the Civil Discovery Act. (Code of Civil Procedure §2023.030(d).) Termination may be imposed as a sanction under the Di...
2024.07.12 Demurrer, Motion to Strike 321
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.07.12
Excerpt: ...er accusations." (Plaintiff's Complaint). Individual defendants are Scott McNurlin (“McNurlin”), Diane Bateman (“Bateman”), Christy Miro (“Miro”), Jenny Eltringham (“Eltringham”), Timothy Randall (“Randall”, and Alvin Broglio (“Broglio”) (collectively “Individual Defendants.”)1 The Complaint was served on McNurlin and Bateman on May 8, 2024, on Miro, Eltringham, and Randall on May 21, 2024 and finally on Broglio o...
2024.06.14 Special Motion to Strike Claims of FACC 801
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.06.14
Excerpt: ... section 425.16. Plaintiff's Request for Judicial Notice is GRANTED. Procedural History On March 11, 2024, Defendants filed their First Amended Cross Complaint (“FACC”), alleging causes of action for: 1) Breach of Written Subcontract, 2) Negligence, 3) Restitution to Dis gorge Unjust Enrichment, 4) Common Count, 5) Reformation, and 6) Declaratory Relief. In the FACC, Defendants also brought new allegations related to the defectiveness of the ...
2024.05.31 Motion to Tax Costs 354
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.05.31
Excerpt: ...th John R. Gi bson (expert) amounting to $2,525.63 and post -CCP § 998 offer interest of $2,527.40. The California Supreme Court has established that a plaintiff can recover post - offer costs for an expert witness if three conditions are met: (1) the plaintiff makes an off er to compromise that meets the statutory time and content requirements; (2) the defendant does not accept the offer; and (3) the defendant does not obtain a result in the ac...
2024.05.31 Motion for Summary Judgment 227
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.05.31
Excerpt: ...nt) multi ple references to supporting evidence for each Cause of Action are present. The plaintiff omitted the Complaint's Second Cause of Action for Breach of Contract (Implied) in the description and numbering of Causes of Action, and then listed the four Common Counts in its Separate Statement as the Second through Fifth Cause of Action. The Court will refer to the causes of action as they are pled in the Complaint. • First Cause of Action ...
2024.05.17 Motion for Complaint for Conversion, Unjust Enrichment and Misappropriation of Funds, OSC RE Contempt 059
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.05.17
Excerpt: ...l parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are available by 2:00 p.m. on the court day preceding the scheduled hearing and can be accessed either through the court's website or by telephoning 209- 754- 6285. The tentative ruling shall become the ruling of the court, unless a party desiring to be heard so advises the Court no later than 4:00 p.m. on the court day preceding the he...
2024.05.17 Demurrer, Motion to Strike 087
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.05.17
Excerpt: ... 2024. When a p laintiff amends their complaint after a defendant has filed a demurrer, the amended complaint becomes the operative pleading and is the complaint analyzed in light of the demurrer. (Barton v. Khan (2007) 157 Cal. App. 4th 1216.) A demurrer presents an issu e of law regarding the sufficiency of the allegations outlined in the complaint. The challenge is limited to the “four corners" of the pleading (which includes exhibits a...
2024.05.17 Demurrer, Motion for Judgment on the Pleadings 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.05.17
Excerpt: ...on March 4, 2024. Three cr oss-defendants, Thomas Tryon, Denise Tryon, and Mary Tryon, moved for a Judgment on the Pleadings on April 19, 2024. DEMURRER TO FOURTH AMENDED COMPLAINT A demurrer presents an issue of law regarding the sufficiency of the allegations outlined in the compl aint. The challenge is limited to the “four corners" of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pl...
2024.05.03 Motion to Specially Set Case for Trial 812
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.05.03
Excerpt: ...ule 10(a), effec tive April 6, 2020, provides that 'Notwithstanding any other law, including section 583.310, for all civil actions filed on or before April 6, 2020, the time to bring the action to trial is extended by six months for a total time of five years and six mont hs. (State ex rel. Sills v. Gharib -Danesh (2023) 88 Cal.App.5th 824, 840, quoting California. Rules of Court (CRC), appen. I, emergency rule 10(a).) The additional six -...
2024.05.03 Motion to Amend Judgment 649
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.05.03
Excerpt: ...e moving papers did not i nclude the required language of Local Rule 3.3.7. All matters noticed for the Law & Motion calendar shall include the following language in the notice: 3.3.7 Tentative Rulings (Repealed Eff. 7/1/06; As amended 1/1/18) All parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are available by 2:00 p.m. on the court day preceding the scheduled hearing and can be acces...
2024.05.03 Motion for Reconsideration 442
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.05.03
Excerpt: ...ility company co ncerning an unpaid bill of $126,691.66. In a detailed six -page ruling, the Court sustained the demurrer and identified the aspects it believed were outside the California Public Utility Commission's (CPUC) exclusive jurisdiction, namely slander, intentional infliction of emotional distress, and spoliation. The Court provided details on the elements of these causes of action and the necessary averments for them to proceed. It g...
2024.04.19 Motion for Preference in Trial Setting, Mandatory Dismissal 485
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.04.19
Excerpt: ...da Potier on be half of Plaintiffs Genesis PVB; 3NT Management, LLC; and Craig Bordon. * A Demurrer to the Second Amended Complaint, was partially sustained and partially overruled. Attorney Jasun Molinelli of Hanson Bridgett LLP filed an Answer, for Defendants George Gr afer; Raquel Grafer; George 7820, LLC; George 7820, Inc.; Raquel 1331, LLC; and Two Grafers Management, LLC [May 23, 2019]. * A Cross complaint was filed [May 23, 2019] on beha...
2024.04.19 Motion for Leave to File Amended Complaint 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.04.19
Excerpt: ...ue to unnecessar y delay in seeking the amendment, the court may refuse permission to file an amended pleading. CrossDefendant argues that Cross- Complainant has unjustifiably delayed the request and that actual prejudice exists. ln considering the questions of unnecessary delay and prejudice to cross -defendant, the court previously was persuaded that it is necessary to include all family members on the title to the real property in the pleadi...
2024.04.05 Motion to Enforce Stipulation and Order 738
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.04.05
Excerpt: ...arty to comp lete their tasks with no harassment. On May 3, 2023, the parties executed and filed a Stipulation and Order formalizing the agreement. An enforceable settlement agreement under Code of Civil Procedure (CCP) §664.6 must either be entered into orally before a court or be in writing and signed by the parties. (S ee In re Marriage of A ssemi (1994) 7 Cal.4th 896, 905.) These alternative requirements aim to minimize misunderstandings. D...
2024.04.05 Demurrer, Motion to Strike 568
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.04.05
Excerpt: ...ther the alle gations in the 5AC, “fairly describe what [the] entity is alleged to have done.” (Stockett v. Association of Cal. Water Agencies Joint Powers Ins. Authority (2004) 34 Cal.4th 441, 446.) While a government claim need not match the specificity of a pleading in a civil action, it must still provide a reasonable account of what the entity is alleged to have done. When a civil action follows the rejection of a government claim, the ...
2024.03.29 Motion to Mediate and Arbitrate, for Preference in Trial Setting 351
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.29
Excerpt: ... pay all escrow fees an d carry back the entire purchase price (minus $1,000) as a promissory note with only 3% interest. Based on the amortization schedule provided by escrow, plaintiffs were not due to be paid in full until after two of three plaintiffs had reached the age of 1 07. Plaintiffs allege in their Complaint that many of the terms “understood" by the parties did not make it into the Residential Purchase Agreement (RPA) signed by...
2024.03.29 Motion for Judgment on the Pleadings 872
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.29
Excerpt: ...plaintiff's cause of ac tion and raises the legal issue, regardless of the existence of triable issues of fact, of whether the complaint states a cause of action. The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer. The pl eadings are to be treated as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. “We review the complaint ...
2024.03.22 Motion to Enter Judgment on Settlement 514
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.22
Excerpt: ...sen concerning t he survey described in the settlement. To summarize, plaintiff's surveyor first provided a thirty -foot easement centered on the existing easement then, after receiving defendant's objections, reduced the width to eighteen feet. Defendant nevertheless refus es to execute and allow the recording of the Deed of Easement, wanting the width of the entire linear easement surveyed and reflected in the deed. An enforceable settlement ...
2024.03.22 Motion for Preliminary Injunction 125
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.22
Excerpt: ...d for the Law & Motion calendar shall include the following language in the notice: 3.3.7 Tentative Rulings (Repealed Eff. 7/1/06; As amended 1/1/18) All parties appearing on the Law and Motion calendar shall utilize the tentative ruling system. Tentative Rulings are av ailable by 2:00 p.m. on the court day preceding the scheduled hearing and can be accessed either through the court's website or by telephoning 209- 754-6285. The tentative ruling ...
2024.03.22 Demurrer to SAC 442
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.22
Excerpt: ...ge is limited to the "four comers" of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable. The complaint is read as a whole. Material facts properly pleaded are assumed true, but conte ntions, deductions or conclusions of fact/law are not. In general a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordin...
2024.03.15 Motion to Compel Responses, for Monetary Sanctions 236
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Excerpt: ...never agreed to, or intended, between the Parties. On October 10, 2024, Special Interrogatories, Set Two, were served on defendant. By letter to defense counsel dated December 5, 2023, plaintiff demanded that answers (without objection) and extended the date to Decembe r 19, 2023. When defense counsel was relieved, plaintiff further extended the time to respond to the discovery to January 26, 2024. This motion was filed on February 9. 2024. To d...
2024.03.15 Motion for Reconsideration 160
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Excerpt: ...� The latest cross -complaint was filed after a January 19, 2024, hearing where the Court granted leave to file the Fourth Amended Cross -Complaint. Cross - defendant argues for reconsideration of this ruling because cross -complainant had inexcusably delayed the request, that actual prejudice to the parties exists, and procedurally that facts in support of the motion were improperly included in the reply brief instead of the moving pleadings. ...
2024.03.15 Motion for Leave to File Amended Answer 573
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.15
Excerpt: ...ties LLC. v Foster in Calaveras County Superior Court Case No.20 UD13121.” (Motion for Leave to File Amended Answer, 2:10 -15.) Courts have long exercised liberality in permitting amendments to pleadings, particularly amendments to answers. Permalab - Metalab Equipment Corp. v. Maryland Cas. Co. (1972) 25 Cal.App.3rd 465, 472. Defendants' remedy is to request leave of the court to amend their answer to assert the defenses. " If either party...
2024.03.01 Motion for Summary Judgment, Adjudication 812
Location: Calaveras
Judge: Sanders, David M
Hearing Date: 2024.03.01
Excerpt: ...imary grounds fo r the motions are the unenforceability of an illegal contract, i.e., unpermitted cannabis cultivation. Defendant contends that he is entitled to summary judgment/adjudication because plaintiff cannot recover on any of the causes of action stated in the C omplaint (Breach Of Oral Contract, Breach Of Written Contract, Common Count: Goods and Services Rendered, Intentional Misrepresentation, Negligent Misrepresentation, and False Pr...

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